Too many loopholes?: Area police officials question effectiveness of proposed marijuana law

Travis Morse

Friday

May 29, 2009 at 12:01 AMMay 29, 2009 at 3:29 PM

Numerous area police officials are objecting to a proposed state law that would legalize the medicinal use of marijuana for individuals suffering from certain illnesses.

Numerous area police officials are objecting to a proposed state law that would legalize the medicinal use of marijuana for individuals suffering from certain illnesses.

The new legislation, they say, would offer too many “loopholes” for people to abuse the drug. In addition, police officials questioned whether smoking marijuana is a safe and appropriate delivery system for pain medication.

“There is a need for pain management, but there are other methods to do it without legalizing marijuana,” said Freeport Police Chief Jerry Whitmore. “With other medications, there is a specific dosage. But with marijuana, the dosage is not specific. The amount of THC ranges from plant to plant. ... Also, it’s going to be very hard to control who can grow it and who can possess it. It’s not going to be a good law to enforce.”

Supporters of the law, on the other hand, say that smoking or ingesting marijuana is the only means by which some terminally ill patients can treat their pain. For example, some individuals suffering from esophageal cancer or multiple sclerosis are unable to swallow pills, supporters say.

They also argue that the law has many safeguards in place to limit who can possess medicinal marijuana, as well as setting up strict penalties for those who abuse the system.

“It’s been proven by medical science over the years that marijuana can relieve pain in many individuals,” said Illinois Sen. William Haine, D-Alton, the primary sponsor of the legislation in question, Senate Bill 1381. “Many of these people can’t achieve the same relief from pharmaceutical drugs. ... We are a mature, reasonable society and this is a mature, reasonable law.”

The proposed law was approved by the Illinois Senate on Wednesday night and will now go before the Illinois House of Representatives, said State Rep. Jim Sacia, R-Pecatonica. The House may vote on the legislation this week, he said.

“I will be adamantly opposed to it and will speak against it,” Sacia said of the bill.

As written, the law creates the Compassionate Use of Medical Cannabis Pilot Program Act. It states that when a person has been diagnosed by a physician as having a debilitating medical condition, the person and the person’s primary caregiver may be issued a registry identification card. This card permits the person or the caregiver to legally possess no more than six cannabis plants during a 60-day period, no more than three of which can be mature cannabis plants.

The Illinois State Police recently drafted an editorial criticizing the proposed law, and the editorial was endorsed by many area police officials, including Whitmore, Stephenson County Sheriff David Snyders, Rockford Police Chief Chet Epperson, and several others.

Abuses In California

The editorial points out how legalizing medicinal marijuana has led to abuses in California, where cannabis has become a “lucrative agricultural commodity.” In California, 40 percent of medical marijuana patients are between 21 and 30 years of age and are not terminally ill, the editorial states.

Captain Mark Henry of the Illinois State Police, Zone 2, said more and more shipments of cannabis intercepted by police on U.S. roadways are coming from medical marijuana states instead of Mexico. He also said the proposed Illinois law allows certain individuals to grow marijuana in their residences. This could lead to potential health concerns for neighbors, as well as making that residence a target for home invasions and other crimes.

“The potential for abuse is huge,” Henry said of the law.

Haine acknowledged that the medical marijuana law in California has led to abuses. However, he said he has worked diligently to draft the Illinois law in a way that prevents these sort of problems.
The bill, Haine said, was amended five times to meet the concerns of law enforcement officials. It sets up a strict set of requirements for those seeking a registry card, and only those afflicted with certain diseases can qualify for the program, he said.

The law also provides that any qualifying patient or caregiver who distributes cannabis to someone who is not allowed to use cannabis is subject to a two-year prison term, a $2,000 fine, or both.
Haine pointed out that more dangerous drugs like OxyContin are available by prescription, while marijuana is not. He said the goal of this legislation is not to legalize marijuana, but to make it available on a restricted basis to seriously ill and suffering people.

“No one in recorded history has died of an overdose of marijuana, unlike OxyContin which is more addictive and more dangerous,” Haine said. “People who are suffering from terminal illness and pain can use these plants.”

More Research Needed

Area police say they are sympathetic to terminally ill patients in need of pain medication, but that this law is not the proper way to help them. They say more research should be done on how to extract the beneficial components of marijuana so these components can be used in a more safe and controlled manner.

“I’m very sympathetic to those who are sick and dying,” Henry said. “I’m just very concerned that this law won’t get us to where we want to go.”

Haine encouraged the public to read the complete bill, which contains numerous guidelines and provisions. The legislation, Senate Bill 1381, can be viewed on the State of Illinois Web site at www.illinois.gov.

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